Constitutionalism Without Constitutional Culture: Explaining the Fragility of Rule of Law in Bangladesh

Abstract

The study titled “Constitutionalism Without Constitutional Culture: Explaining the Fragility of Rule of Law in Bangladesh” explores the gap between constitutional provisions and their practical implementation. Although Bangladesh has a comprehensive written constitution that guarantees fundamental rights, separation of powers, judicial independence, and the rule of law, the effective realization of these principles remains limited in practice. This study argues that the main reason behind this gap is the absence of a strong constitutional culture rather than the lack of constitutional provisions. Constitutional culture refers to the shared values, institutional practices, and civic awareness that ensure respect for constitutional norms in governance. In its absence, constitutionalism becomes largely formal and fails to influence political and administrative behavior effectively. The study identifies several key factors responsible for this situation, including political influence over state institutions, weak judicial independence, administrative inefficiency, corruption, delays in the justice system, and limited constitutional awareness among citizens. Using a qualitative analytical approach based on secondary sources, the study examines how these factors weaken the rule of law and institutional accountability. The findings reveal that despite having a strong constitutional framework, Bangladesh faces serious challenges in implementing constitutional principles effectively. The study concludes that strengthening the rule of law requires not only legal reforms but also the development of a strong constitutional culture through institutional independence, civic education, and political commitment to constitutional norms.